Gilbert v. City of Tekamah

Colwell, D.J.,

Retired.

This is a suit under the Political Subdivisions Tort Claims Act, Neb. Rev. Stat. §§ 23-2401 et seq. (Reissue 1983), for damages claimed by the plaintiff, Margaret Gilbert, arising from a two-car collision on G Street in Tekamah, Nebraska. The Burt County District Court sustained the defendant’s motion for summary judgment. The plaintiff appeals, claiming that there were genuine issues of material fact and that the *615defendant was not entitled to judgment as a matter of law. We agree with the first assigned error and reverse and remand for trial.

Plaintiff alleges that she…